Police Advisement & Refusal to Take Chemical Tests Under Michigan DUI Law
Under Michigan DUI law (M.C.L. 257.625a and 625d), if you are arrested for operating a vehicle while intoxicated, while visibly impaired, with a controlled substance in the body or in violation of the zero tolerance law, then the police officer is required to advise you of the following:
If, at the request of the police officer, you take a chemical test of your blood, urine, or breath, then you have the right to choose who will administer one of the chemical tests.
The chemical test results can be used against you in court in determining your innocence or guilt.
You will be responsible for obtaining a chemical analysis of a test sample obtained at your own request.
If you refuse the police officer’s request that you take a chemical test of your blood, breath or urine, then a test cannot be given without a court order, but the officer may seek to obtain a court order.
If you refuse the police officer’s request to take a chemical test, then your license will be suspended and 6 points will be added to your driver record.
Note:
If you refuse to take the chemical test, the officer will immediately notify you in writing that you have 14 days from of the date of the notice to request a hearing otherwise your license or permit to drive will be suspended.
Note:
Under Michigan DUI law (M.C.L. 257.625a), the amount of alcohol or presence of a controlled substance or both in a driver’s blood or urine or the amount of alcohol in a person’s breath as shown by chemical analysis of the person’s blood, urine, or breath is admissible into evidence in any civil or criminal proceeding and is presumed to be the same as at the time the person operated the vehicle.
Note:
If after an accident, you are transported to a medical facility and a sample of your blood is withdrawn at that time for medical treatment, then the results of a chemical analysis of that sample are admissible in any civil or criminal proceeding to show the amount of alcohol or presence of a controlled substance or both in your blood at the alleged time, regardless of whether you were offered or refused a chemical test.
If, after an accident, the driver of a vehicle involved in the accident is deceased, a sample of the decedent’s blood will be withdrawn in a manner directed by the medical examiner to determine the amount of alcohol or the presence of a controlled substance, or both, in the decedent’s blood.
